Reservation

  • A statement made by a state to which article it accepts and which it does not accept.

  • A state may be a member state even if it doesn’t accept some article of the treaty.

    • Some conventions have articles which are critical to the purpose of the convention => cannot accept reservations that conflicts with that
    • Reservation available articles are stated by the treaty itself
      • In interpreting past treaties, states will find exploitable meanings in their favor
  • Why are there reservations?

    • Some reason with “The preservation of cultural practices and values”
      • Ex: ISlamic countries with Sharia law
  • Problem: if state doesn’t accept some part of the law, the law might not be as effective since it was made to work together

References

  1. Chapter 5 Law of Treaties